Change Of The Goods Transport Law 1995 - Gütbefg, Of The Occasional Service Act 1996 - Gelverkg And The Force Driving Line Law - Kflg

Original Language Title: Änderung des Güterbeförderungsgesetzes 1995 – GütbefG, des Gelegenheitsverkehrs-Gesetzes 1996 – GelverkG und des Kraftfahrliniengesetzes – KflG

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32. Federal Law, with which the Act on the Promotion of Goods in 1995-GütbefG, the occasional transport law-Law 1996 - GelverkG and the Kraftfahrlinegesetz-KflG will be changed

The National Council has decided:

Article 1

Amendment of the goods transport act 1995-GütbefG

The Act on the Promotion of Goods in 1995, BGBl. No. 593, as last amended by BGBl. I No 50/2012, shall be amended as follows:

1. § 1 (1) reads:

" (1) This federal law shall apply to:

1.

the commercial carriage of goods by road transport vehicles or those with trailers, where the sum of the maximum authorised weights exceeds a total of 3 500 kg, by means of transport undertakings,

2.

the movement of such motor vehicles; and

3.

the working time of self-employed drivers in the commercial carriage of goods by such motor vehicles.

It does not apply to fleet services, to which the 1994 Commercial Code (GewO 1994), Federal Law Gazette (BGBl). No. 194, not to be applied in accordance with § 2 (1) (2) (2). "

2. § 2 (4) reads:

" (4) Anyone who wishes to exercise a trade in accordance with paragraph 2 shall submit an application for a concession to the authority responsible for the intended location. The application must be connected with the supporting documents in accordance with § 339 paragraph 3 Z 1 to 3 GewO 1994 and the evidence of the concession requirements in accordance with § 5. The deadline for the processing of the application for a concession is governed by Section 73 General Administrative Procedure Act 1991, BGBl.Nr 51, with the proviso that, from the date on which all the necessary supporting documents are received by the Authority, , a period of three months pursuant to Article 11 (3) Regulation (EC) No 1071/09 may not be exceeded. "

Section 3 (2a) reads as follows:

" (2a) If the concession holder uses fewer motor vehicles than is covered by the scope of the concession, this shall not be subject to authorisation. However, as long as no corresponding change in the concession period is requested, the financial capacity shall continue to be demonstrated for the extent specified in the concession. If the scope of the concession is restricted, the certified copies of the Community licence issued in accordance with Regulation (EC) No 1072/09 and copies issued in accordance with Article 3 (1) shall be the certified copies of the concession certificate or certificates issued by the Community licence or certificate. Certified extracts from the trade register shall be issued immediately to the concessionary authority. "

4. § 4 Z 1 reads:

" 1.

for the carriage of postal items within the scope of the universal service; "

5. § 5 (1) reads:

" (1) The concession may only be granted if, in addition to the general conditions governing the exercise of a regulated trade, the following conditions are met in accordance with Article 3 of Regulation (EC) No 1071/09:

1.

the reliability,

2.

financial performance,

3.

professional competence (proof of competence) and

4.

an actual and permanent establishment in Austria.

In addition, the applicant shall have the necessary parking places in the prospective location municipality or any other municipality in the same or an adjacent administrative district in accordance with the intended concession scope (§ 3) outside of roads with public transport. All conditions must be met throughout the duration of the commercial exercise. If these conditions are no longer fulfilled by the trader, the concession shall be withdrawn. § § 87 to 91 GewO 1994 remain unaffected by this. Before issuing the concession, the competent structure of the State Chamber of the commercial economy shall be called upon to give an opinion on the performance of the holding. "

6. § 5 (1a) to (6) reads as follows:

" (1a) The conditions laid down in paragraph 1 shall be proved by the authority responsible for issuing the concession every five years from the date of issue of the concession. Verifications within the framework of the grant of a Community licence pursuant to Article 6 in conjunction with Article 4 of Regulation (EC) No 1072/09 shall be deemed to be a review of the conditions set out in paragraph 1 (1) to (4).

(2) The reliability, apart from the cases regulated in Article 6 (1) of Regulation (EC) No 1071/09, shall not, in particular, be given if:

1.

the applicant, the trader or the transport manager has been sentenced by a court to a custodial sentence exceeding three months, or to a fine of more than 180 daily rates, as long as the conviction is neither tilted nor is subject to the restriction of the information from the criminal record (§ § 1 to 6 of the Tilgungsgesetz 1972, BGBl. 68), or

2.

the applicant, the trader or the transport manager has been legally deprived of the authorization to carry out the goods transport industry under the applicable rules; or

3.

the applicant, the trader or the transport manager for serious infringements of the provisions relating to:

a)

the wage and working conditions applicable to the profession, or

b)

the carriage of goods, in particular the driving times and rest periods of the handlebars, the weights and dimensions of motor vehicles, road safety and motor vehicles and the environment, and the other provisions relating to: Professional duties,

has been legally punished.

(3) The financial capacity referred to in Article 7 of Regulation (EC) No 1071/09 shall be given if the financial resources necessary for the orderly start-up and management of the undertaking are available and no significant arrears have been made to taxes or social security contributions due to entrepreneurial activity.

(4) The prerequisite for professional competence (proof of competence) is demonstrated by a certificate in accordance with Annex III to Regulation (EC) No 1071/09 concerning the successful filing of an examination before an examination board, which shall be certified by the The Governor of the State is appointed by the Governor of the State. The design of the certificate (security features) must be laid down by the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology). § § 18 and 19 GewO 1994 are not to be applied.

(5) The examination commissions are to be ordered by the Governor of the Land/State Governor. In these Commissions, the Governor of the Land of the Land has two persons who have been engaged in the business as a commercial or tenant for at least three years without interruption or as managing director in this sector, Branch managers or transport managers shall be able to operate as long as they have no interruption, on the basis of a proposal from the competent group. In addition, two other experts shall be appointed to the Commissions, taking into account the subject-matter of the examination, and the appointment of one of these experts shall be made by the Governor of the State or the Governor of the State, on the basis of a proposal by the competent chamber for manual workers and employees. If proposals have not been reimbursed within a period of four weeks, the Governor of the Land of the Land shall have the right to appeal after hearing the defaulting post. The head of the Commission shall appoint a public servant of the higher service which is appropriate for this task to the President of the Commission.

(6) The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has a view to the respective state of development of the trade in question, to which of persons who take advantage of the services of the business sector, customarily set requirements, to hazards to life, health or property arising from the practice of business, to the specific legislation applicable to the exercise of the profession, by Regulation

1.

the form and duration of the examination;

2.

the requirements to be met by the auditors;

3.

more detailed provisions on the appointment of the dates,

4.

the certificates to be issued in accordance with paragraph 4;

5.

more detailed provisions on the repetition of the examination,

6.

University, technical and technical diplomas, as well as other certificates, which ensure a thorough knowledge of the fields referred to in Annex I to Regulation (EC) No 1071/09,

7.

the audit fee to be paid by the examinee, the particular administrative burden, including the appropriate compensation of the members of the examination board, and also the economic conditions of the test item is to be taken

8.

the appropriate compensation to be paid by the members of the Examination Commission, as well as to the examination fees.

9.

to determine the condition for the repayment of the examination fee in the event of non-filing or partial filing of the examination and the amount of the examination fee to be repaid. "

7. § 5a together with the title is:

" Transport Manager

§ 5a. (1) For each undertaking, a transport manager shall be designated with respect to the concession-issuing authority. If the person in question satisfies the conditions laid down in Article 4 of Regulation (EC) No 1071/09, the appointment must be approved by the concession-issuing authority. Unless another person is designated as a transport manager, a natural person who has been granted a concession pursuant to § 5 shall be deemed to be a transport manager; if, in a company, the appointment of a commercial business leader pursuant to § 39 In any case, the Authority has approved, in a modest manner, by the Authority in 1994, it shall be deemed to be a transport manager, and a modest authorisation shall not be required in such cases. The inclusion of the commercial exercise without a transport manager is inadmissible.

(2) Where it is established that the reliability no longer exists in the case of an entreponator or a managing director who is also a transport manager, it shall be stated in any case in accordance with Article 14 of Regulation (EC) No 1071/09 that the said operator or manager shall be informed of the Person is unfit to manage the transport activities of a company.

(3) Traffic managers shall be entered by the concession-issuing authority in the traffic management register in accordance with Section 24a (3) (3) (3) (3).

(4) The provisions of Article 13 (1) (1). (a) Regulation (EC) No 1071/09 shall apply without prejudice to the provisions of Articles 41 to 45 of the Treaty establishing the European Community for the Survival of the Rights of the State. "

8. § 6 (4) reads:

" (4) In accordance with Section 3 (3), rental vehicles shall be used for the commercial carriage of goods or for work on work, the following documents shall be carried in the motor vehicle and shall be handed over to the supervisory bodies on request:

1.

Contract for the rental of the motor vehicle, from which the name of the landlord, the name of the tenant, the date and duration of the contract as well as the registration number of the motor vehicle are produced;

2.

if the handlebar is not the tenant, the employment contract of the handlebar, from which the name of the employer, the name of the employee, the date and the duration of the employment contract, or a confirmation from the employer with the employment contract Content. "

9. § 7 (1) to (3) reads:

" (1) The commercial carriage of goods by motor vehicles from places lying outside the territory of the Federal Republic to the Federal Republic of Germany or through the Federal Republic of Germany, or from places situated within the Federal territory to foreign countries, shall not be subject to any Holders of concessions in accordance with § 2 shall also be allowed to entrepreneurs who are entitled to the carriage of goods by motor vehicles in accordance with the rules applicable in the State of the location of their company and which are holders of one of the following authorizations:

1.

Community licence pursuant to Regulation (EC) No 1072/09,

2.

Approval pursuant to the resolution adopted by the Council of the European Conference of Transport Ministers (CEMT) of 14 June 1973,

3.

Approval of the Federal Minister for Transport, Innovation and Technology for the transport to, through or from Austria,

4.

authorisations granted by the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) have been approved by the intergovernmental agreement.

However, such authorization shall not be required if a different arrangement according to paragraph 4 has been issued.

(2) The commercial carriage of goods whose place of loading and unloading is situated within Austria is by road hauliers located abroad (cabotage), except for those covered by Article 8 (1), (5) and (6) of Regulation (EC) No 1072/09 , it is only permitted to:

1.

an agreement to this effect exists with the State in which the trader has its registered office, and

2.

in the context of the pre-or follow-up in cross-border combined transport with a motor vehicle registered in an EEA State; the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has a regulation to determine: the conditions under which cross-border combined transport is available and the evidence to be carried on.

(3) The Federal Minister for Transport, Innovation and Technology may conclude cabotage agreements with third countries on the basis of this federal law if there is reciprocity for Austrian entrepreneurs in the state in question. , there is no opposition to the interests of transport policy and economic interests. The Federal Minister for Transport, Innovation and Technology has set out by regulation:

1.

the States with which cabotage agreements exist,

2.

the conditions under which cabotage may be carried out,

3.

the obligations of the operators and the staff of the steering staff; and

4.

any reporting requirements of the authorities. "

10. The following paragraph 5 is inserted in § 7:

" (5) The Federal Minister for Transport, Innovation and Technology has laid down more detailed rules concerning the carrying out and the proper recording of journeys in the travel report book in accordance with Annex 7 of the handbook by Regulation. of the European Conference of Transport Ministers. "

11. According to § 7, the following new § § 7a and 7b shall be inserted together with the headings:

" Community licence

§ 7a. (1) The Community licence pursuant to Article 7 (1) (1) and the certified copies shall be in accordance with the specimen in Annex II to Regulation (EC) No 1072/09. The design of the Community licence (security features) is to be determined by regulation of the Federal Minister of Transport, Innovation and Technology of the Federal Minister of Transport.

(2) The Community licence shall be issued for a period of five years.

(3) The serial numbers of the Community licence and the certified copies to be entered in the traffic company register pursuant to Section 24a (3) shall consist of letters and Arabic numerals. The serial number must begin with the letters "AT", followed by a hyphen followed by one or two letters as the name of the authority issuing the Community licence or the certified copy. A hyphen, the letter "G", a hyphen, the last two digits of the year of the marketing year of the Community licence, a further hyphen and, thereafter, an ongoing expenditure number, have been referred to the name of the Authority. to the year of issue, as a four-digit number; in the case of a certified copy, in addition to another hyphen, the number of the copy must be added as a four-digit number. Empty in the serial number are not allowed; the output numbers and the numbers of the copies must be executed according to the pattern "0001" to "9999".

(4) The name of the Authority (par. 2) the following letters shall be used:

-

for the provincial governor of Burgenland: B

-

for the provincial governor of Carinthia: K

-

for the provincial governor of Lower Austria: N

-

for the provincial governor of Upper Austria: O

-

for the Landeshauptfrau/Landeshauptmann of Salzburg: S

-

for the provincial governor of Steiermark: ST

-

for the provincial governor of Tyrol: T

-

for the provincial governor of Vorarlberg: V

-

for the Landeshauptfrau/Landeshauptmann (Landeshauptfrau) of Vienna: W.

(5) Apart from the case provided for in Article 3 (2a), the Community licence and all copies shall be submitted without delay to the concessionary authority if:

1.

the industrial authorization is terminated in accordance with § 85 GewO 1994; or

2.

the concession is withdrawn pursuant to Section 5 (1) for failure to comply with the concession requirements.

driver attestation

§ 7b. (1) The driver attestation shall be in accordance with the model in Annex III to Regulation (EC) No 1072/09. The design of the driver attestation (safety features) is to be determined by regulation of the Federal Minister of Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology).

(2) The driver attestation shall be issued for a period of five years.

(3) The conditions for issuing the driver attestation pursuant to Article 5 (1) Regulation (EC) No 1072/09 shall no longer apply, the driver attestation of the issuing authority shall be refunded. "

12. § 10 (1) reads:

" (1) Work transport shall be carried out if the following conditions are met:

1.

The goods transported must be the property of the company or sold, bought, rented, rented, produced, obtained, processed or repaired or sold.

2.

The transport must be used for the purpose of acquiring the goods to the enterprise, its acquisition by the enterprise, its transfer within or, for its own use, outside the undertaking.

3.

The motor vehicles used for transport must be managed by personnel employed by the undertaking or made available to it under a contractual obligation.

4.

The motor vehicles which transport the goods must belong to the company, have been bought or rented by him on a down payment. This shall not apply in the case of the use of a replacement vehicle for the duration of a short-term failure of the motor vehicle otherwise used.

5.

Carriage may only constitute an ancillary activity within the framework of the undertaking 's activities as a whole.'

12a. In accordance with § 17, the following § 18 is inserted:

" § 18. The provisions of § § 12 to 17 shall not apply to the carriage of postal items. "

13. § 19 (4) and (5) reads:

" (4) The following shall be considered as proof of driver qualification:

1.

a registration by the competent authority of a Member State, in addition to the vehicle class, of the corresponding harmonised Community code, in accordance with the list of Annexes I and Ia to Directive 91 /439/EEC, or

2.

a driver qualification certificate issued by the competent authority of a Member State in accordance with the model set out in Annex II to Directive 2003 /59/EC, or

3.

a registration carried out by the competent authority of a Member State on a driver attestation issued in accordance with Regulation (EC) No 1072/09.

(5) For handlebars referred to in § 19c, a driver qualification certificate shall be issued by the authority for a period of five years, if proof of a basic qualification or further training is provided. The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has the form to set out the form, the content and the way in which the driver's qualification is issued. "

14. § 20 (2) reads:

" (2) Concessions for the international carriage of goods (§ 2 para. 2 (2) (2)) shall be granted by the Governor of the Land. Community licences and driver attestations provided for in Regulation (EC) No 1072/09 shall be issued by the Governor of the Land/State of the State. "

15. § 20 (5) reads:

" (5) The concession-issuing authority shall also, in particular, be responsible for:

1.

the concession withdrawal procedure;

2.

the authorisation and revocation of the appointment of a managing director;

3.

the authorisation and revocation of the appointment of a branch manager for the pursuit of the business in a further establishment;

4.

the revocation of the transfer of the exercise of a business to a tenant;

5.

the enforcement of § § 46 to 48 of the Arc. of 1994;

6.

the recovery of the Community licence and the driver attestation by means of a communication pursuant to Art. 7 Regulation (EC) No 1072/09;

7.

the following measures with regard to the transport manager:

a)

approval of the appointment of a transport manager in accordance with § 5a;

b)

the review in accordance with Article 11 Regulation (EC) No 1071/09, whether a transport manager, if there are doubts as to the reliability of an undertaking, has been declared unsuitable at the time of application in a Member State;

c)

the declaration in accordance with Article 14 of Regulation (EC) No 1071/09, that a transport manager is not able to guide the transport activities of a company;

8.

the registration of the relevant data in the transport company register in accordance with § 24a, as well as the correction, transmission and deletion of the relevant data;

9.

the report to the Federal Ministry of Transport, Innovation and Technology in accordance with Art. 26 para. 1 lit. b and c Regulation (EC) No 1071/09 and in accordance with Article 17 (1) and (2) of Regulation (EC) No 1072/09 on

a)

the number of licences issued, suspended and withdrawn, and the reasons which led to the decision, broken down by year and by type,

b)

the number of declarations that a transport manager is not able to guide the transport activities of a company and indicate the reasons which led to that decision, broken down by year and by type,

c)

the number of certificates of professional competence issued each year;

d)

the number of Community licences in circulation on 31 December of the previous year and the certified copies every two years, beginning with 31 December 2011, with the notification up to the 31.1 of the following year in the Federal Ministry of Transport, innovation and technology, and

e)

the number of driver attestations issued in the previous year and in circulation on 31 December of the previous year, the notification being received by the Federal Ministry of Transport, Innovation and Technology by the 31.1 of the following year must. "

16. § 22 reads:

" § 22. Mutual exchange and mutual assistance agreements, which extend beyond Article 24 of Regulation (EC) No 1071/09 and Article 11 of Regulation (EC) No 1072/09, remain in force. "

17. § 23 (1) to (4) reads:

" (1) Apart from administrative transgressions to be punished in accordance with the fifth main piece of the 1994 GewO, administrative transgressions shall be subject to a fine of up to EUR 7 267, who as an entrepellant shall be responsible for the administrative transgressions.

1.

the number of motor vehicles is increased without authorisation in accordance with Article 3 (2);

2.

§ 6 (1) or (2) are contrary;

3.

carry out transport operations in accordance with § § 7 to 9 without the necessary authorization or shall not comply with bids or prohibitions of inter-governmental agreements;

4.

§ 11 is contrary;

5.

the tariffs laid down in accordance with Article 12 do not comply;

6.

§ 9 (1) or (3);

7.

other than the bids referred to in Z 1 to 6, or prohibitions of this Federal Act or of the regulations adopted pursuant to this Federal Act, are not in accordance with the provisions of this Federal Act;

8.

does not ensure that the Community licences or drivers ' certificates required under Regulation (EC) No 1072/09 are carried along;

9.

provisions laid down in Regulation (EC) No 1071/09 and Regulation (EC) No 1072/09;

10.

using an environmental data carrier not authorized by a body not authorized in accordance with Article 9 (9) 9.

(2) An administrative surrender, which is punishable by a fine of up to 726 euros, who is a handlebar

1.

§ 6 (3) or (4) are contrary;

2.

§ 9 (2);

3.

other than the bids referred to in Z 1 and 2, or prohibitions of this Federal Act or of the regulations adopted pursuant to this Federal Act, do not comply;

4.

no Community licence and driver attestation as required under Regulation (EC) No 1072/09 or, at the request of the inspection bodies, not carry forward the licence or certificate;

5.

other provisions laid down in Regulation (EC) No 1071/09 or in Regulation (EC) No 1072/09 or other directly applicable European Union rules on the carriage of goods by road, provided that this does not apply to other provisions Rules must be punished.

(3) Penal in accordance with paragraph 1 Z 3, Z 6 or Z 8 is an entrepre even if he violates the obligations referred to in § § 7 to 9 or the bids and bans abroad in the Regulation (EC) No. 1072/09. In this case, the local authority is the authority in which the handlebars are entered in the course of a roadside control, otherwise the authority in which the border crossing into the federal territory took place was the authority of the authority. If, at the same time, the transgressing constitutes a serious infringement in accordance with Annex IV to Regulation (EC) No 1071/09, the competent authority of the Member State of establishment shall be notified of such infringement.

(4) In the case of administrative transgressions in accordance with paragraphs 1 and 2 and Z 5 to 7, the financial penalty shall be at least 363 euros. In the case of administrative transgressions pursuant to section 1 (3) and (Z) 8 to 10 and in the case of administrative transgressions pursuant to § 366 (1) (1) of the Administrative Law of 1994, the financial penalty shall be at least EUR 1 453. "

18. The following paragraphs 8 and 9 are added to § 23:

" (8) Who as a self-employed driver

1.

the maximum weekly working time in accordance with § 24c,

2.

which does not comply with the rest periods prescribed in Article 24d,

3.

on days when he is doing night work exceeding the day working hours allowed in accordance with Section 24e (1), or

4.

the night work carried out shall not be compensated in accordance with Section 24e (2),

shall be subject to an administrative surrender and shall be punished with a fine of EUR 72 to EUR 1 815, in the event of a repetition of EUR 145 to 1 815.

(9) If a self-employed driver violates the recording or retention obligation in accordance with § 24f, an administrative surrender shall be carried out and shall be subject to a fine of EUR 72 to EUR 1 000, in the event of a repetition of EUR 145 to EUR 1 500. punish. "

19. Section VIII is given the section title "X" and under Section VII, the following new sections VIII and IX together with headings shall be inserted:

" SECTION VIII

Recording of transport undertakings

Transport Business Register

§ 24a. (1) The Federal Minister for Transport, Innovation and Technology has to carry out an automation-supported central transport business register within the meaning of Article 16 of Regulation (EC) No 1071/09 at Bundesrechenzentrum GmbH. In the register, the goods transport companies concessionally concessioned are recorded. The register shall be kept for the storage of data necessary to establish which goods transport undertakings have a concession which shall appoint transport managers or legal representatives for such undertakings. , the nature of the concession, the number of motor vehicles for which the concession has been granted, the serial number of the Community licence and the certified copies thereof, as appropriate, in accordance with Article 4 of the Regulation (EC) No 1072/09. In addition, the register shall also cover the number, category and type of serious infringements referred to in Article 5 (2) (3) and the names of persons who have been declared unfit to manage the transport activities of a company.

(2) The competent authority in accordance with § 20 (5) as well as the administrative authorities responsible in accordance with § 21 shall submit the necessary data online via a secured data link to the Bundesrechenzentrum GmbH.

(3) The following data shall be entered in the transport company register in accordance with Article 16 (2) Regulation (EC) No 1071/09:

1.

the name and legal form of the undertaking;

2.

the address of the establishment;

3.

the names of the transport managers who have been designated for the fulfilment of the conditions of reliability and professional competence or, where appropriate, a legal representative;

4.

the nature of the concession and the number of motor vehicles for which the concession has been granted and, where applicable, the serial number of the Community licence and the certified copies thereof;

5.

the number, category and type of serious infringements referred to in Article 5 (2) (3), which have resulted in a final conviction or punishment in the previous two years;

6.

Names of persons who have been declared unfit to guide the transport activities of a company as a transport manager, as long as the reliability of the person concerned is not restored.

(4) The competent authorities in accordance with § 20 (5) may access and use the relevant data in each case. The traffic management register shall have complete logging of all the data queries that can be used to identify the person who has been transferred from the traffic company register. This log data should be saved and deleted three years after the date of origin of this data.

(5) In addition to the data referred to in paragraph 3, the following data shall be entered in the traffic management register:

1.

for natural persons, date of birth;

2.

the number, date of issue and the issuing country of the certificate of professional competence of the transport manager;

3.

where available, the company's commercial directory number.

(6) Information from the register shall be provided by means of remote data processing:

1.

the institutions of the Federal Government, the Länder and the municipalities, insofar as they need them for the performance of their legal tasks, and

2.

the competent authorities of other States, provided that such an obligation arises from this Federal Law, from Community law directly applicable or other intergovernmental agreements.

(7) The data referred to in paragraphs 3, Z 1 to 4 shall be publicly available.

Section IX

Working time of self-employed drivers

Definitions

§ 24b. For the purposes of this federal law, the term

1.

self-employed drivers: all persons whose professional activity consists mainly in carrying goods with a Community licence or other professional authorization for the carriage of goods which are:

a)

to work on their own account,

b)

are not bound by an employment contract or any other labour-law dependency relationship with an employer,

c)

have the necessary freedom to exercise the freedom to play the activity in question;

d)

the income of which depends directly on the profits made, and

e)

have the freedom to engage in business relationships with several customers as individuals or through cooperation between self-employed drivers;

2.

Workplace:

a)

the location of the principal place of business of the undertaking for which the self-employed driver is active, and its various branches, whether or not they coincide with his or her head office or principal establishment,

b)

the vehicle used by the self-employed driver in his activity; and

c)

any other place where the activities related to the transport are carried out;

3.

Working time: the time between the start of work and the end of the work in which the self-employed driver is at his place of work, available to the customer, and during which he performs his functions or activities; this includes: non-general administrative activities which do not directly relate to the specific transport activity which has just been carried out, as well as the rest periods in accordance with section 24d;

4.

Week: the period from Monday 00.00 to Sunday 24.00;

5.

Day working time: working time within an uninterrupted period of twenty-four hours;

6.

Night time: the time between 0.00 am and 04.00 hours;

7.

Night work: any work that is done during the night.

Maximum weekly working time

§ 24c. The average weekly working time of a self-employed motor vehicle shall not exceed 48 hours. The maximum weekly working time may be up to 60 hours, provided that the weekly average does not exceed 48 hours over a period of six months.

Rest breaks

§ 24d. (1) The daily working time of a self-employed driver is

1.

for a total duration of between six and nine hours, by a rest period of at least 30 minutes,

2.

for a total duration of more than nine hours, by a rest period of at least 45 minutes,

to interrupt. The rest period must be kept at the latest after six hours.

(2) The rest period may be divided into several parts of at least 15 minutes.

(3) In the event of a split of the rest period referred to in paragraph 2, the first part shall be observed after six hours at the latest.

Night Work

§ 24e. (1) The day-to-day working time of a self-employed driver shall not exceed ten hours on days at which he is doing night work.

(2) The self-employed driver shall compensate for night work within 14 days of an extension of a daily or weekly rest period to the extent of night work performed.

Recording obligation

§ 24f. Each self-employed driver shall keep records of the working time he has worked and shall keep it for a period of at least two years. These records shall be made available to the Authority in an uninterrupted and orderly manner after the date of the request. "

20. § 25 (2) reads:

" (2) Where reference is made in this Federal Act to Regulation (EC) No 1071/09, Regulation (EC) No 1071/2009 establishing common rules for the authorisation of the occupation of road transport operator and repealing the Directive Council Directive 96 /26/EC, OJ L 136, 31.4.1996 No. OJ L 300 of 14.11.2009 p. 51. "

21. The following new paragraphs 4 to 6 shall be added to Article 25:

" (4) Where reference is made in this Federal Act to Regulation (EC) No 1072/09, Regulation (EC) No 1072/2009 on common rules for access to the international road haulage market, OJ L 327, 30.4.2009, p. No. OJ L 300 of 14.11.2009 p. 72.

(5) Where reference is made in this Federal Act to the Ökopunkteverordnung, Regulation (EC) No 3298/94 laying down detailed procedural arrangements relating to the system of transit rights (ecopoints) for heavy goods vehicles in transit shall be provided for by: Austria, established by Article 11 of Protocol No 9 to the Act of Accession of Norway, Austria, Finland and Sweden, OJ L 327, 28.11.1997, p. No. OJ L 341, 30.12.1994 p. 20, as last amended by Regulation (EC) No 2012/2000, OJ L 341, 31.12.2000, p. No. OJ L 241, 26.09.2000 p. 18.

(6) Where reference is made in this Federal Act to Directive 91 /439/EEC, Directive 91 /439/EEC on driving licences, OJ L 327, 31.12.1991, p. No. 1, as last amended by Directive 2009 /112/EC, OJ L 327, 28.12.2009, p. No. OJ L 223, 26.08.2009 p. 26. "

22. In § 26, the following new paragraph 9 is added:

" (9) Natural persons to whom a concession pursuant to § 5 has been granted before 4 December 2011 shall be deemed to be a transport manager within the meaning of Article 4 Regulation (EC) No 1071/09. In a company, is the appointment of a commercial business leader according to § 39 GewO 1994 at the time of the entry into force of this law, in the version BGBl. I No 32/2013, approved by the Authority in a modest manner, the latter shall be considered to be a transport manager. Undertakings which have not designated a transport manager at the date of entry into force of this Act shall designate a transport manager within one month. "

23. § 27a Z 1 reads:

" 1.

Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities, OJ L 201, 31.7.2002, p. No. OJ L 80, 23.03.2002 p. 35;

Article 2

Amendment of the occasional transport act-Law 1996-GelverkG

The Occasional Traffic Law 1996, BGBl. 112, as last amended by BGBl. I No 50/2012, shall be amended as follows:

1. § 1 (1) reads:

" (1) This federal law shall apply to:

1.

the commercial movement of persons with motor vehicles and

2.

the working time of self-employed drivers in the commercial transport of persons with bus and coach passengers.

This federal law does not apply to the commercial carriage of persons in road transport by road on the basis of the Kraftfahrlintgesetz, BGBl. I n ° 203/1999. '

2. § 2 (3) reads:

" (3) Anyone who wishes to exercise a trade in accordance with Section 3 (1) has a request for a concession to be submitted to the authority responsible for the intended location. The application is to be followed by the supporting documents in accordance with § 339 paragraph 3 Z 1 to 3 GewO 1994 and to join the evidence of the concession requirements in accordance with § 5. The deadline for the processing of the application for a concession is governed by Section 73 General Administrative Procedure Act 1991 (AVG), BGBl.Nr 51, with the proviso that from the date on which all the necessary supporting documents are received by the Authority , a period of three months pursuant to Article 11 (3) of Regulation (EC) No 1071/09 may not be exceeded in respect of the business of excursion vehicles, the city sightseeing tours and the rental car industry by bus and coach. "

3. § 4 (3) reads:

" (3) If the concession holder uses fewer motor vehicles than is covered by the scope of the concession, this shall not be subject to authorisation. However, as long as no corresponding change in the concession period is requested, the financial capacity shall continue to be demonstrated for the extent specified in the concession. If the scope of the concession is restricted, the supernumerary copies of the Community licence issued pursuant to Regulation (EC) No 1073/09 shall be submitted without delay to the concessionary authority. "

4. § 5 (1) reads:

" (1) The concession may only be granted if, in addition to the general conditions governing the exercise of a regulated trade, the following conditions are fulfilled in accordance with Article 3 of Regulation (EC) No 1071/09:

1.

the reliability,

2.

financial performance,

3.

professional competence (proof of competence) and

4.

an actual and permanent establishment in Austria.

Z 1 to 4 shall also apply to the industries not covered by Regulation (EC) No 1071/09. In addition, the applicant has, in accordance with the intended scope of the concession (§ 4), in the prospective location municipality or a municipality directly adjacent thereto, about the required parking spaces outside of roads with public transport. All conditions must be met throughout the duration of the commercial exercise. If these conditions are no longer fulfilled by the trader, the concession shall be withdrawn. § § 87 to 91 GewO 1994 remain unaffected by this. Before issuing the concession, the competent structure of the State Chamber of the commercial economy shall be called upon to give an opinion on the performance of the holding. "

5. § 5 (2a) to (5) reads as follows:

" (2a) In the event of a day-to-day business, sightseeing in the city, commercial and rental cars, the conditions laid down in paragraph 1 (1) to (4) of the authority responsible for issuing the concession shall be at least every five years from the date of issue of the concession. Proof. Verifications within the framework of the grant of a Community licence pursuant to Article 4 of Regulation (EC) No 1073/09 shall be considered to be a review of the conditions laid down in paragraph 1 (1) to (4).

(3) The reliability, apart from the cases regulated in Article 6 (1) of Regulation (EC) No 1071/09, shall not, in particular, be given if:

1.

the applicant, the trader or the transport manager has been sentenced by a court to a custodial sentence exceeding three months, or to a fine of more than 180 daily rates, as long as the conviction is neither tilted nor the Limitation of the information from the criminal record is subject (§ § 1 bis 6 Tilgungsgesetz 1972, BGBl. 68), or

2.

the applicant, the trader or the transport manager has been legally deprived of the authorization to carry out the passenger transport sector in accordance with the applicable rules; or

3.

the applicant, the trader or the transport manager for serious infringements of the provisions relating to:

a)

the wage and working conditions applicable to the profession, or

b)

the carriage of passengers, in particular the driving and rest periods of drivers, the weights and dimensions of motor vehicles and road safety and motor vehicles, the protection of the environment, and the other provisions relating to: Professional duties,

has been legally punished.

(4) The financial capacity of the taxi industry, the car rental industry with passenger cars and the passenger car industry exercised by bus and coach services shall be given if they are to be used for the proper start-up and management of the company. necessary financial resources. The business data to be used to assess the financial performance of the company ' s proper start-up and management, showing the economic situation of the enterprise and the necessary business data financial resources are to be determined by regulation of the Federal Minister of Transport, Innovation and Technology of the Federal Minister for Transport, Innovation and Technology. The financial standing of the excursion car, the city sightseeing tour and the hire car is provided if the conditions are fulfilled in accordance with Art. 7 Regulation (EC) No 1071/09 and if no there are substantial arrears of taxes or social security contributions due to entrepreneurial activity. The Federal Minister for Transport, Innovation and Technology can set out more detailed rules on the proof of financial standing by means of a regulation.

(5) The prerequisite for professional competence (proof of competence) for the excursion industry, the city tours-trade and the rental car industry with buses is proven by a certificate in accordance with Annex III of Regulation (EC) No 1071/09 on the successful filing of an examination before an examination board, which is ordered by the Governor of the Land/State Governor. The design of the certificate (security features) must be laid down by the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology). § § 18 and 19 GewO 1994 are not to be applied. "

6. In accordance with § 5 (5), the following new paragraph 5a is inserted:

" (5a) The prerequisite for professional competence (proof of competence) for the taxi industry, the rental car-trade with passenger cars and the passenger car industry exercised with buses is proven by

1.

a certificate in accordance with paragraph 8 (5) of the Z 5 on the successful filing of an examination before an examination committee appointed by the Governor of the Land/State Governor; or

2.

a certificate issued by the Examination Commission on the basis of university, technical college or professional school diplomas, as well as other examination certificates, which ensure thorough knowledge of subject areas of the examination within the meaning of paragraph 8 Z 1. If the university, university of applied sciences and professional school diplomas and other examination certificates do not cover all the subjects of the examination, the certificate shall replace the test for the purposes of Z 1 only for those subject areas for which the certificate is based on: A thorough knowledge of universities, universities of applied sciences or higher education diplomas, as well as other certificates of examination, are guaranteed.

In the case of the taxi industry and the rental car industry with passenger cars, a professional activity of at least three years is in addition to the intended trade itself or in an establishment in which this trade is carried out in cooperation with other commercial enterprises. , or in a profession close to the trade, to be proved by a confirmation of a social security institution. Confirmations of a minor employment relationship within the meaning of Section 5 (2) General Social Security Act, BGBl. No 189/1955, it is not possible to count on the professional activity of at least three years ' duration. § § 18 and 19 GewO 1994 are not to be applied. "

7. § 5 (6) reads:

" (6) The examination commissions are to be ordered by the Governor of the Land/State Governor. In these Commissions, the Governor of the Land of the Land has two persons who have been engaged in the business as a commercial or tenant for at least three years without interruption or as managing director in this sector, Branch managers or transport managers shall be able to operate as long as they have no interruption, on the basis of a proposal from the competent group. In addition, two other experts shall be appointed to the Commissions, taking into account the subject-matter of the examination, and the appointment of one of these experts shall be based on a proposal by the Governor of the State of the State of the State. Chamber for manual workers and employees. If proposals have not been reimbursed within a period of four weeks, the Governor of the Land of the Land shall have the right to appeal after hearing the defaulting post. The head of the Commission shall appoint a public servant of the higher service appropriate to this task for this task. "

8. § 5 (8) reads:

" (8) The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has a view to the respective state of development of the trade in question, to those of persons who take advantage of the services of the trade. customarily set requirements, to hazards to life, health or property arising from the practice of business, to the specific legislation applicable to the exercise of the profession, by Regulation

1.

the subject areas of the test for the taxi industry, the car rental industry with passenger cars and the passenger car industry carried out with buses,

2.

the form and duration of the examination;

3.

the requirements to be met by the auditors;

4.

more detailed provisions on the appointment of the dates,

5.

the certificates to be issued in respect of the taxi industry, the car rental industry with passenger cars and the passenger car industry as referred to in paragraph 5a, which is carried out by bus and coach,

6.

more detailed provisions on the repetition of the examination,

7.

the university, technical college and professional school diplomas and other certificates, the thorough knowledge of the subject areas referred to in Annex I to Regulation (EC) No 1071/09 for the excursion industry, the city tour of the city, and the The use of buses or coaches, or for the purposes of the Z 1 for the taxi industry, shall ensure that the car hire industry is provided with passenger cars and the trade in passenger cars carried out by bus and coach services,

8.

the audit fee to be paid by the examinee, the particular administrative burden, including the appropriate compensation of the members of the examination board, and also the economic conditions of the test item is to be taken

9.

the appropriate compensation to be paid by the members of the Examination Commission, as well as to the examination fees.

10.

The conditions for repayment of the examination fee in case of non-deposit or partial filing of the examination as well as the amount of the examination fee to be repaid

"

9. According to § 6, the following § 6a and title is inserted:

" Transport Manager

§ 6a. (1) A transport manager shall be designated with respect to the concession-issuing authority for each company in the excursion industry, the city sightseeing tour, the commercial and the rental car business with bus and coach. If the person in question satisfies the conditions laid down in Article 4 of Regulation (EC) No 1071/09, the appointment must be approved by the concession-issuing authority. Unless another person is designated as a transport manager, a natural person who has been granted a concession pursuant to § 5 shall be deemed to be a transport manager; if, in a company, the appointment of a commercial business leader pursuant to § 39 In any case, the Authority has approved, in a modest manner, by the Authority in 1994, it shall be deemed to be a transport manager, and a modest authorisation shall not be required in such cases. The inclusion of the commercial exercise without a transport manager is inadmissible.

(2) Where it is established that the reliability no longer exists in the case of an entreponator or a managing director who is also a transport manager, it shall be stated in any case in accordance with Article 14 of Regulation (EC) No 1071/09 that the said operator or manager shall be informed of the Person is unfit to manage the transport activities of a company.

(3) Traffic managers shall be entered by the concession-issuing authority in the traffic management register in accordance with Article 18a (3) (3) (3) (3).

(4) The provisions of Article 13 (1) (1). (a) Regulation (EC) No 1071/09 shall apply without prejudice to the provisions of Articles 41 to 45 of the Treaty establishing the European Community for the Survival of the Rights of the State. "

10. § 7 deleted:

11. § 10 (3) is deleted.

12. § 11 (1) reads:

" (1) The commercial carriage of persons with motor vehicles from places lying outside the territory of the Federal Republic to the Federal Republic of Germany or through the Federal Republic of Germany, or from places situated within the Federal territory to another country, shall be , in addition to the persons entitled under § § 2 and 7, also allow entrepreneurs who are entitled to the carriage of persons in accordance with the statutory provisions governing the carriage of persons in the State of the site of their company, and which holders of a

1.

Community licence pursuant to Regulation (EC) No 1073/09, or

2.

Approval by the Federal Minister for Transport, Innovation and Technology for the transport to, through or from Austria, or

3.

Authorisation under the Agreement on land transport between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and by road (land transport agreement with Switzerland), OJ C 327, 28.4.2002, p. No. OJ L 114 of 30.04.2002 p. 91, as last amended by Decision No 1/2009, OJ L 327, 30.12.2009, p. No. OJ L 273, 17.10.2009 p. 15, or

4.

on the basis of intergovernmental agreements pursuant to § 12 of the Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) or

5.

Approval under the Convention on the carriage of passengers in cross-border occasional services by bus and coach (Interbus Agreement), OJ C 327, 28.4.2002, p. No. OJ L 321, 26.11.2002 p. 13, as last amended by Decision No 1/2011, OJ L 1/2011, 20.12.2002, p. No. OJ L 8, 12.1.2012 p. 38,

or an authorisation-free occasional voyage in accordance with a law referred to in Z 4 and 5 or by virtue of the Federal Act of 1. October 1987 on the implementation of the Convention on the Promotion of Persons in Cross-border Occasional Carriage by coach and bus, BGBl. No 17/1987 (ASOR-Implementing Act), BGBl. No 521/1987. '

13. In accordance with § 11, the following new § 11a and title shall be inserted:

" Community licence

§ 11a. (1) The Community licence pursuant to Article 11 (1) (1) (1) and the certified copies in accordance with Article 11 (1) (1) (1) correspond to the specimen in Annex II to Regulation (EC) No 1073/09. The design of the Community licence (security features) is to be determined by regulation of the Federal Minister of Transport, Innovation and Technology of the Federal Minister of Transport.

(2) The Community licence shall be issued for a period of five years.

(3) The serial numbers of the Community licence and the certified copies to be entered in the transport company register pursuant to Article 18a (3) shall consist of letters and Arabic numerals. The serial number must begin with the letters "AT", followed by a hyphen followed by one or two letters as the name of the authority issuing the Community licence or the certified copy. A hyphen, the letter "P", a hyphen, the last two digits of the year of the marketing year of the Community licence, a further hyphen and, thereafter, an ongoing expenditure number, have been referred to the name of the Authority. to the year of issue, as a four-digit number; in the case of a certified copy, in addition to another hyphen, the number of the copy must be added as a four-digit number. Empty in the serial number are not allowed; the output numbers and the numbers of the copies must be executed according to the pattern "0001" to "9999".

(4) The name of the Authority (par. 2) the following letters shall be used:

-

for the provincial governor of Burgenland: B

-

for the provincial governor of Carinthia: K

-

for the provincial governor of Lower Austria: N

-

for the provincial governor of Upper Austria: O

-

for the Landeshauptfrau/Landeshauptmann of Salzburg: S

-

for the provincial governor of Steiermark: ST

-

for the provincial governor of Tyrol: T

-

for the provincial governor of Vorarlberg: V

-

for the Landeshauptfrau/Landeshauptmann (Landeshauptfrau) of Vienna: W.

(5) Apart from the case provided for in Article 4 (3), the Community licence and all copies shall be submitted without delay to the concessionary authority if:

1.

the industrial authorization is terminated in accordance with § 85 GewO 1994; or

2.

the concession is withdrawn pursuant to Section 5 (1) for failure to comply with the concession requirements. "

14. § 12 (1) reads:

" (1) Agreements with third countries on the international carriage of persons in accordance with § 11 of this Federal Law or on the international carriage of persons pursuant to § 32 (4) (4) Z 14 GewO 1994 (non-regular) Passenger transport) can be concluded on the basis of this federal law, if the extent of the inter-state passenger transport requires this. In particular, it should be provided that, on the basis of reciprocity, motor vehicles with a foreign registration plate can carry out journeys to, through and from Austria. Where quotas are laid down, account shall be taken of Austria's transport and economic interests. The issuance of the quotas may also be carried out by the respective contractual partner. "

15. § 14 (5) reads:

"(5) The approved tariffs shall be published in the Official Journal of the State Government concerned, in the case of approval by the Federal Minister for Transport, Innovation and Technology, in the Official Journal of the Wiener Zeitung".

16. § 14a (5) reads:

" (5) For handlebars referred to in § 14d, a driver qualification certificate shall be issued by the authority for a period of five years, if proof of a basic qualification or further training is provided. The Federal Minister for Transport, Innovation and Technology (Federal Minister for Transport, Innovation and Technology) has the form to set out the form, the content and the way in which the driver's qualification is issued. "

17. § 15 (1) reads:

" (1) Apart from administrative transgressions to be punished in accordance with the fifth main piece of the 1994 GewO, administrative transgressions shall be subject to a fine of up to EUR 7 267, who as an entrepellant shall be responsible for the administrative transgressions.

1.

an increase in the number of vehicles without authorisation in accordance with § 4 (2);

2.

§ 10;

3.

carry out a transport pursuant to Article 11 (1) (2) without the necessary authorization;

4.

the tariffs laid down in accordance with Article 14 do not comply;

5.

other than the bids referred to in Z 1 to 4, or prohibitions of this Federal Act or of the regulations adopted pursuant to this Federal Act, are not in accordance with the provisions of this Federal Law;

6.

does not ensure that the certified copy of the Community licence or the journey sheet required under Regulation (EC) No 1073/09 is carried along;

7.

Contrary to other bids or prohibitions of Regulation (EC) No 1071/09 and Regulation (EC) No 1073/09 or other directly applicable European Union rules on the movement of persons on the road;

8.

does not ensure that the necessary permits or certificates are issued in accordance with the national transport agreement with Switzerland or in accordance with the agreements pursuant to § 12 or the Interbus Agreement or the Federal Act of 1. October 1987 on the implementation of the Convention on the Promotion of Persons in Cross-border Occasional Carriage by coach and bus, BGBl. No 17/1987 (ASOR-Implementing Act), BGBl. No 521/1987. '

18. § 15 (4) and (5) reads as follows:

" (4) Criminal in accordance with paragraph 1 Z 3, 6 and 8 is an entrepre even if he violates the obligations abroad. In this case, the local authority is the authority in which the handlebars are entered in the course of a roadside control, otherwise the authority in which the border crossing into the federal territory took place was the authority of the authority. If, at the same time, the transgressing constitutes a serious infringement in accordance with Annex IV to Regulation (EC) No 1071/09, the competent authority of the Member State of establishment shall be notified of such infringement.

(5) An administrative surrender, which is punishable by a fine of up to 726 euros, shall be responsible for who is the driver.

1.

not comply with bids or prohibitions of this Federal Act or of the regulations issued pursuant to this Federal Act;

2.

a copy of the Community licence or the journey sheet required under Regulation (EC) No 1073/09 does not carry the copy or, at the request of the inspection bodies, does not show that it is required;

3.

is in breach of other bids or prohibitions of Regulation (EC) No 1071/09 and Regulation (EC) No 1073/09;

4.

the necessary authorisations or certificates in accordance with the national transport agreement with Switzerland or in accordance with the agreements pursuant to § 12 or in accordance with the Interbus Agreement or the Federal Act of 1. October 1987 on the implementation of the Convention on the Promotion of Persons in Cross-border Occasional Carriage by coach and bus, BGBl. No 17/1987 (ASOR-Implementing Act), BGBl. No 521/1987, does not carry out or, at the request of the control bodies, does not present it;

5.

in the case of other directly applicable European Union rules on the movement of persons on the road. "

19. The following paragraphs 7 and 8 are added to § 15:

" (7) Who as a self-employed driver

1.

the maximum weekly working time in accordance with § 18c,

2.

which does not comply with the rest periods required pursuant to Section 18d,

3.

on days when he is doing night work which exceeds the day working hours allowed in accordance with Article 18e (1), or

4.

the night work carried out shall not be compensated in accordance with Section 18e (2),

shall be subject to an administrative surrender and shall be punished with a fine of EUR 72 to EUR 1 815, in the event of a repetition of EUR 145 to 1 815.

(8) Who, as a self-employed driver, violates the obligation to record or retain in accordance with § 18f, is subject to an administrative surrender and is subject to a fine of EUR 72 to EUR 1 000, in the event of a repetition of EUR 145 to EUR 1 500. punish. "

20. § 16 (1) reads:

" (1) The provincial governor is responsible for issuing the concessions for the operation of the excursion car-(city sightseeing tours-) business (§ 3 para. 1 Z 1) and the rental car industry (§ 3 para. 1 Z 2) as well as for the exhibition and Withdrawal of Community licences to be allocated to such concessions in accordance with Regulation (EC) No 1073/09. "

21. § 16 (3) reads:

" (3) The concession-issuing authority shall in particular also be responsible for:

1.

the concession withdrawal procedure;

2.

the authorisation and revocation of the appointment of a managing director;

3.

the authorisation and revocation of the appointment of a branch manager for the pursuit of the business in a further establishment;

4.

the revocation of the transfer of the exercise of a business to a tenant;

5.

the enforcement of § § 46 to 48 of the Arc. of 1994;

6.

Checks within the meaning of Article 19 (2) Regulation (EC) No 1073/09;

7.

the following measures with regard to the transport manager for the excursion industry, the city sightseeing tours and the car rental industry with buses:

a)

approval of the appointment of a transport manager in accordance with § 6a;

b)

the review in accordance with Article 11 Regulation (EC) No 1071/09, whether a transport manager, if there are doubts as to the reliability of an undertaking, has been declared unsuitable at the time of application in a Member State;

c)

the declaration in accordance with Article 14 of Regulation (EC) No 1071/09, that a transport manager is not able to guide the transport activities of a company;

8.

the registration of the relevant data in the transport company register in accordance with § 18a, as well as its correction, transmission and deletion;

9.

the report to the Federal Ministry of Transport, Innovation and Technology in accordance with Art. 26 para. 1 lit. b and c Regulation (EC) No 1071/09 and in accordance with Article 28 (4) of Regulation (EC) No 1073/09 with regard to the tourist industry, the city tour of the city and the rental car-trade with buses and coaches

a)

the number of passenger transport concessions issued, suspended and withdrawn, and the reasons which led to this decision, broken down by year and by type;

b)

the number of declarations that a transport manager is not able to guide the transport activities of a company and indicate the reasons which led to that decision, broken down by year and by type,

c)

the number of certificates of professional competence issued each year; and

d)

the number of Community licences in circulation on 31 December of the previous year and the certified copies, the notification being received by the Federal Ministry of Transport, Innovation and Technology until 31.1 of the following year must. "

22. § 17 reads:

" § 17. On the basis of Article 24 of Regulation (EC) No 1071/09 and Article 20 of Regulation (EC) No 1073/09, mutual legal and mutual assistance agreements shall remain in force. '

23. § 18 reads:

" (1) Where reference is made in this Federal Act to provisions of other federal laws, these are to be applied, unless otherwise expressly arranged, in their respectively applicable version.

(2) Where reference is made in this Federal Act to the Land Transport Agreement with Switzerland, the Agreement between the European Community and the Swiss Confederation on the carriage of goods and passengers by rail and by road is referred to as the Agreement between the European Community and the Swiss Confederation. 1. No. OJ No L 114, 30.4.2002, p. 91.

(3) As far as the Interbus Convention is referred to in this Federal Act, the Convention on the Promotion of Persons in Cross-border Occasional Carriage by Omnibussen, OJ L 327, 28.10.1997, p. No. OJ L 321, 26.11.2002, p. 11.

(4) Where reference is made in this Federal Act to Directive 2003 /59/EC, Directive 2003 /59/EC of the European Parliament and of the Council of 15.07.2003 on the initial qualification and periodic training of drivers of certain motor vehicles is applicable to: the carriage of goods or passengers by road and amending Council Regulation (EEC) No 3820/85 and Council Directive 91 /439/EEC and repealing Council Directive 76 /914/EEC, OJ L 327, 31.12.1991, p. No. 4, as amended by Directive 2004 /66/EC of 26 April 2004, OJ L 136, 30.4.2004, p. No. OJ L 168, 01.05.2004, p. 35.

(5) Where reference is made in this Federal Act to Regulation (EC) No 1071/09, Regulation (EC) No 1071/2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing the Directive Council Directive 96 /26/EC, OJ L 136, 31.4.1996 No. OJ L 300 of 14.11.2009 p. 51.

(6) Where reference is made in this Federal Act to Regulation (EC) No 1073/09, Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 1073/09 is to be adopted. 561/2006, OJ No. OJ L 300 of 14.11.2009 p. 88. "

24. Section IV receives the section title "VI" In accordance with Section III, the following new sections IV and V, together with headings, shall be inserted:

" SECTION IV

Recording of transport undertakings

Transport Business Register

§ 18a. (1) The Federal Minister for Transport, Innovation and Technology has to carry out an automation-supported central transport business register within the meaning of Article 16 of Regulation (EC) No 1071/09 at Bundesrechenzentrum GmbH. In the register, the passenger transport companies concessioned at home are recorded for the excursion vehicle (city tour) and the car hire industry operated by bus. The register shall be kept for the storage of data necessary to establish which passenger transport undertakings have a concession which shall appoint transport managers or legal representatives for such undertakings. , the nature of the concession, the number of motor vehicles for which the concession has been granted, the serial number of the Community licence and the certified copies thereof, as appropriate, in accordance with Article 4 of the Regulation (EC) No 1073/09. In addition, the register shall also cover the number, category and type of serious infringements referred to in Article 5 (3) (3) and the names of the persons who have been declared unfit to manage the transport activities of a company.

(2) The competent authority in accordance with § 16 (3) as well as the competent administrative criminal authorities shall transmit the necessary data online via a secured data link to the Bundesrechenzentrum GmbH.

(3) The following data shall be entered in the transport company register in accordance with Article 16 (2) Regulation (EC) No 1071/09:

1.

the name and legal form of the undertaking;

2.

the address of the establishment;

3.

the names of the transport managers who have been designated for the fulfilment of the conditions of reliability and professional competence or, where appropriate, a legal representative;

4.

the nature of the concession and the number of motor vehicles for which the concession has been granted and, where applicable, the serial number of the Community licence and the certified copies thereof;

5.

the number, category and type of serious infringements referred to in Article 5 (3) (3), which have resulted in a final conviction or punishment in the previous two years;

6.

Names of persons who have been declared unfit to guide the transport activities of a company as a transport manager, as long as the reliability of the person concerned is not restored.

(4) The competent authorities in accordance with § 16 (3) may access and use the relevant data. The traffic management register shall have complete logging of all the data queries that can be used to identify the person who has been transferred from the traffic company register. This log data should be saved and deleted three years after the date of origin of this data.

(5) In addition to the data referred to in paragraph 3, the following data shall be entered in the traffic management register:

1.

for natural persons, date of birth;

2.

the number, date of issue and the issuing country of the certificate of professional competence of the transport manager;

3.

where available, the company's commercial directory number.

(6) Information from the register shall be provided by means of remote data processing:

1.

the institutions of the Federal Government, the Länder and the municipalities, insofar as they need them for the performance of their legal tasks, and

2.

the competent authorities of other States, provided that such an obligation arises from this Federal Law, from Community law directly applicable or other intergovernmental agreements.

(7) The data referred to in paragraphs 3, Z 1 to 4 shall be publicly available.

SECTION V

Working time of self-employed drivers

Definitions

§ 18b. For the purposes of this federal law, the term

1.

self-employed drivers: all persons whose professional activity consists mainly in carrying, by means of a Community licence or other professional authorization, persons with a bus or coach who are engaged in a commercial vehicle, the

a)

to work on their own account,

b)

are not bound by an employment contract or any other labour-law dependency relationship with an employer,

c)

have the necessary freedom to exercise the freedom to play the activity in question;

d)

the income of which depends directly on the profits made, and

e)

have the freedom to engage in business relationships with several customers as individuals or through cooperation between self-employed drivers;

2.

Workplace:

a)

the location of the principal place of business of the undertaking for which the self-employed driver is active, and its various branches, whether or not they coincide with his or her head office or principal establishment,

b)

the vehicle used by the self-employed driver in his activity; and

c)

any other place where the activities related to the transport are carried out;

3.

Working time: the time between the start of work and the end of the work in which the self-employed driver is at his place of work, available to the customer, and during which he exercises his functions or activities; this does not include: general administrative activities which do not directly relate to the specific transport activity which has just been carried out, as well as the rest periods in accordance with § 18d;

4.

Week: the period from Monday 00.00 to Sunday 24.00;

5.

Day working time: working time within an uninterrupted period of twenty-four hours;

6.

Night time: the time between 0.00 am and 04.00 hours;

7.

Night work: any work that is done during the night.

Maximum weekly working time

§ 18c. The average weekly working time of a self-employed motor vehicle shall not exceed 48 hours. The maximum weekly working time may be up to 60 hours, provided that the weekly average does not exceed 48 hours over a period of six months.

Rest breaks

§ 18d. (1) The daily working time of a self-employed driver is

1.

for a total duration of between six and nine hours, by a rest period of at least 30 minutes,

2.

for a total duration of more than nine hours, by a rest period of at least 45 minutes,

to interrupt. The rest period must be kept at the latest after six hours.

(2) The rest period may be divided into several parts of at least 15 minutes.

(3) In the event of a split of the rest period referred to in paragraph 2, the first part shall be observed after six hours at the latest.

Night Work

§ 18e. (1) The day-to-day working time of a self-employed driver shall not exceed ten hours on days at which he is doing night work.

(2) The self-employed driver shall compensate for night work within 14 days of an extension of a daily or weekly rest period to the extent of night work performed.

Recording obligation

§ 18f. Each self-employed driver shall keep records of the working time he has worked and shall keep it for a period of at least two years. These records shall be made available to the Authority in an uninterrupted and orderly manner after the date of the request. "

25. The following new paragraph 6 is added to § 19:

" (6) Natural persons to whom a concession pursuant to § 5 has been granted before 4 December 2011 shall be deemed to be a transport manager within the meaning of Article 4 Regulation (EC) No 1071/09. In a company, is the appointment of a commercial business leader according to § 39 GewO 1994 at the time of the entry into force of this law, in the version BGBl. I No 32/2013, approved by the Authority in a modest manner, the latter shall be considered to be a transport manager. Undertakings which have not designated a transport manager at the date of entry into force of this Act shall designate a transport manager within one month. "

26. § 22 Z 1 reads:

" 1.

Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 on the organisation of the working time of persons performing mobile road transport activities, OJ L 201, 31.7.2002, p. No. OJ L 80, 23.03.2002, p.35;

Article 3

Amendment of the Kraftfahrlinegesetz-KflG

The Federal Act on the regular carriage of persons with motor vehicles (Kraftfahrlinegesetz-KflG), BGBl. I n ° 203/1999, as last amended by BGBl. I No 50/2012, shall be amended as follows:

(1) in the table of contents, section I is the name "§ 4a Transport company register" inserted.

(2) In the table of contents, section II shall describe the name "§ 8 Conditions of reliability, professional competence and financial performance" by the name Section 8 Conditions for the exercise of the occupation of road passenger transport operator " replaced.

In the table of contents, section II shall designate the name: "§ 8a Community licence" inserted.

In the table of contents, section II shall designate the name: "§ 10 Technical suitability, certificates of proof, examination commissions, operating managers" by the name "§ 10 Technical suitability, certificate of proof of proof, examination commissions" replaced.

(5) In the table of contents, section II shall designate the name "§ 10a Transport ladder".

6. In the table of contents, section II shall describe the name "§ 18 Deadline for admission of the company" by the name "§ 18 Reception of the company" replaced.

7. In the table of contents, section II shall designate the name "§ 20 Duties of the holder of the authorisation and of the vehicle driver" by the name "§ 20 Duties of the holder of the authorization, the traffic manager and the driver of the vehicle" replaced.

8. In the table of contents, Section III of the entry shall not apply to § 30.

9. In the table of contents, Section VI of the entry shall not apply to § 55.

10. In the table of contents, section VI "Section VII" with the title "Working time of self-employed drivers" and the names "§ 56 Scope" , "§ 57 Definitions" , "§ 58 Weekly maximum working time" , "§ 59 Ruhepausen" , "§ 60 Nightwork" and "§ 61 Recording obligation" inserted.

11. § 2 para. 2 Z 5 reads:

" 5.

the designation of the transport manager (§ 10a) as well as information and documents for the assessment of whether this is reliable and technically suitable; "

(12) In § 3 (1), the name shall be: "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " and the name "at the provincial governor" by the name " at the Landeshauptmann resp. at the country's main wife " replaced.

13. In Section 3 (2), the name shall be: "the Federal Minister for Transport, Innovation and Technology" by the name " the Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

14. In Section 3 (3), the name shall be: "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " replaced.

15. According to Article 3 (3), the following paragraph 4 is inserted:

" (4) The Landeshauptmann or The country's main wife has the Federal Ministry of Transport, Innovation and Technology in accordance with Article 26 (1) lit. (b) and (c) of Regulation (EC) No 1071/2009 and in accordance with Article 28 (4) of Regulation (EC) No 1073/2009, in respect of the road transport companies falling within their competence area, to submit the following messages:

a)

the number of authorisations granted and withdrawn for the occupation of road passenger transport operator, and the reasons which led to the decision, broken down by year and by type; and

b)

the number of declarations that a transport manager is not able to manage the transport activities of a company, and the reasons which led to that decision, broken down by year and by type; and

c)

the number of certificates of professional competence issued each year; and

d)

by 31. The number of Community licences in circulation until 31 December of the previous year and the certified copies thereof shall be held in January of the following year. "

16. In accordance with § 4, the following § 4a and title shall be inserted:

" Transport Business Register

§ 4a. (1) The Federal Minister, The Federal Minister for Transport, Innovation and Technology has to carry out an automation-supported central transport business register within the meaning of Article 16 of Regulation (EC) No 1071/2009 at Bundesrechenzentrum GmbH. The register shall cover undertakings admitted to the occupation of road passenger transport operator in the country. The register shall be kept for the storage of data necessary to identify which passenger transport undertakings have a concession which shall appoint transport managers or legal representatives for such undertakings. the nature of the concession has been given to those undertakings, where appropriate the serial number of the Community licence and the certified copies. In addition, the register shall also cover the number, category and type of serious infringements referred to in Article 9 (2) and the names of persons who have been declared unfit to manage the transport activities of a company.

(2) The competent supervisory authority (§ 3 (1) and (2)) as well as the competent administrative authorities (§ 47 (1) to (4)) have to submit the necessary data online via a secured data link to the Bundesrechenzentrum GmbH.

(3) The following data shall be entered in the transport company register in accordance with Article 16 (2) Regulation (EC) No 1071/2009:

1.

the name and legal form of the undertaking;

2.

the address of the establishment;

3.

the names of the transport managers who have been designated to fulfil the conditions of reliability and professional competence or, where appropriate, a legal representative of the undertaking;

4.

the nature of the concession, the number of motor vehicles used in road transport and, where appropriate, the serial number of the Community licence and the certified copies thereof;

5.

the number, category and type of serious infringements referred to in Article 9 (2), which have resulted in a final conviction or punishment in the previous two years;

6.

Names of persons who have been declared unfit to manage the transport activities of a company, as long as the reliability of the person concerned is not restored.

(4) The authorities referred to in paragraph 2 may access and use the relevant data in each case. The traffic management register shall have complete logging of all the data queries that can be used to identify the person who has been transferred from the traffic company register. This log data should be saved and deleted three years after the date of origin of this data.

(5) In addition to the data referred to in paragraph 3, the following data shall be entered in the traffic management register:

1.

for natural persons, date of birth;

2.

the number, date of issue and the issuing country of the certificate of professional competence of the transport manager;

3.

where available, the company's commercial directory number.

(6) Information from the register shall be provided by means of remote data processing:

1.

the institutions of the Federal Government, the Länder and the municipalities, insofar as they need them for the performance of their legal tasks, and

2.

the competent authorities of other States, provided that such an obligation arises from this Federal Law, from directly applicable Union law or other intergovernmental agreements.

(7) The data referred to in paragraph 3 (1) (1) to (4) shall be publicly accessible. "

17. In Section 5 (1) (2), the name shall be: "the provincial capitals" by the name " the country's main men and/or the country's main women " replaced.

18. In Section 5 (1) (3), the designations shall be: "the provincial capitals" by the name " the country's main men and/or the country's main women " and the name "the Federal Minister for Transport, Innovation and Technology" by the name " the Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

19. § 7 Abs.1 Z 1 and 2 are:

" § 7. (1) The concession shall be granted if:

1.

the concessionaire or the transport manager provided for in § 10a is reliable and technically suitable and the concessionaire also has the appropriate financial capacity;

2.

the concessionaire has the Austrian nationality as a natural person and the company (§ 1 para. 2 Z 2) has its registered office in Germany. Nationals and undertakings of other Member States of the European Union or of any other Contracting Party to the Agreement on the European Economic Area shall be treated as Austrian concessionaire; "

§ 7 para. 1 Z 4 lit. b is:

" (b)

the requested road transport services are likely to endanger the performance of the transport tasks by the transport undertakings in whose transport sector (Article 14 (1) to (3) the requested line falls in whole or in part); this shall not apply in the case of the transport undertakings. the risk of a road transport service essentially serving tourist purposes, and the decision to be taken on the latter's risk alone on the basis of the information provided by the competitor on account of the reduced profitability of this transport undertaking Road transport would be carried out, or "

21. § 8 together with headline reads:

" Conditions for the pursuit of the occupation of road passenger transport operator

§ 8. (1) The existence of the conditions for the pursuit of the occupation of road passenger transport operator within the meaning of Article 3 of Regulation (EC) No 1071/2009,

1.

the reliability,

2.

financial capacity,

3.

professional competence and

4.

the actual and permanent establishment in the country,

is to be examined by the supervisory authority (§ 3 (1) and (2)) and the admission to the occupation of road passenger transport operator must be approved.

(2) The conditions referred to in paragraph 1 (1) (1) (1) to (4) must be available throughout the period of eligibility and must be reviewed by the supervisory authority at least every five years, and the further existence of which must be established in a modest way. Verifications within the framework of the grant of a Community licence (Article 4 of Regulation (EC) No 1073/2009) shall be considered as verifications within the meaning of this paragraph.

(3) If the supervisory authority concludes that the company (Section 1 (2) (2)) no longer fulfils one or more of the conditions set out in paragraph 1 despite adequate deadlines for the elimination of this illegal state, it has the to withdraw authorisation granted in accordance with paragraph 1 and to revoke the authorisation to operate a force line (§ 25). "

22. In accordance with § 8, the following new § 8a and title shall be inserted:

" Community licence

§ 8a. (1) The Community licence and the certified copies referred to in Article 4 of Regulation (EC) No 1073/2009 shall be in accordance with the model set out in Annex II to this Regulation. The design of the Community licence is provided by a regulation of the Federal Minister. the Federal Minister of Transport, Innovation and Technology.

(2) The serial numbers of the Community licence and the certified copies to be entered in the transport company register pursuant to Article 4a (3) shall consist of letters and Arabic numerals. The serial number must begin with the letters "AT", followed by a hyphen followed by one or two letters as the name of the authority issuing the Community licence or the certified copy. A hyphen, the letter "P", a hyphen, the last two digits of the year of the marketing year of the Community licence, a further hyphen and, thereafter, an ongoing expenditure number, have been referred to the name of the Authority. to the year of issue, as a four-digit number; in the case of a certified copy, in addition to another hyphen, the number of the copy must be added as a four-digit number. Empty in the serial number are not allowed; the output numbers and the numbers of the copies must be executed according to the pattern "0001" to "9999".

(3) The name of the Authority (par. 2) the following letters shall be used:

-

for the Landeshauptmann or the provincial governor of Burgenland: B

-

for the Landeshauptmann or the provincial governor of Carinthia: K

-

for the Landeshauptmann or The main wife of Lower Austria: N

-

for the Landeshauptmann or the governor of Upper Austria: O

-

for the Landeshauptmann or the provincial governor of Salzburg: S

-

for the Landeshauptmann or the provincial governor of Steiermark: ST

-

for the Landeshauptmann or the governor of Tyrol: T

-

for the Landeshauptmann or the provincial governor of Vorarlberg: V

-

for the Landeshauptmann or the governor of Vienna: W

-

for the Federal Minister or the Federal Minister for Transport, Innovation and Technology: M. "

Section 9 (2) and Z 1 are as follows:

" (2) The passenger transport operator (§ 1 para. 2) or the transport manager (§ 10a) shall not be regarded as reliable in particular if:

1.

it has been sentenced by a court to a custodial sentence exceeding three months, or to a fine of more than 180 daily rates, as long as the conviction is neither repaid nor subject to the restriction of the information from the criminal record (§ § 1 to 6 of the Tilgungsgesetz 1972, BGBl. 68), or "

Section 9 (2) Z 3 reads as follows:

" 3.

due to serious infringements

a)

against the pay and working conditions applicable to the profession, or

b)

against Community rules in the case referred to in Article 6 (1) (1). (b) areas referred to in Regulation (EC) No 1071/2009,

has been legally punished. "

25. The title of § 10 reads:

"Professional suitability, certificate of proof of proof, examination commissions"

26. § 10 (1) and (2) are:

" § 10. (1) The prerequisite for professional competence (Section 7 (1) (1)) is to be proven by the Supervisory Authority through the certificate of the filing of an examination before a Examination Commission. The Examination Commission has to exempt applicants from examinations from subjects subject to the examination material of their university studies or from the examination material of their degree from universities of applied sciences or their qualifications. In the event of a materless examination at a higher education institution or other examination certificates, the following were included.

(2) After passing the examination, the examination committee shall issue a certificate of professional competence for passenger transport in accordance with Annex III to Regulation (EC) No 1071/2009. The design of the Community licence is provided by a regulation of the Federal Minister. the Federal Minister of Transport, Innovation and Technology. "

27. In Section 10 (3) (1) (1) the name shall be "vom Landeshauptmann" by the name " from the provincial governor or by the country's main woman " replaced.

28. In § 10 paragraph 3 Z 1 lit. a becomes the term "Officials" through the phrase "public servants" replaced.

29. In Section 10 (3) (2), the name shall be: "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " replaced.

30. § 10 (4) and (5).

31. In accordance with § 10, the following § 10a and title shall be inserted:

" Transport Manager

§ 10a. (1) In accordance with Article 4 of Regulation (EC) No 1071/2009, the authority shall designate a transport manager to the supervisory authority if he/she as a natural person does not fulfil the conditions of professional competence or if he is not a natural person. Person is. This has to meet the requirements of reliability and professional competence, to direct and in fact guide the operation of the road transport operation and shall require the approval by the supervisory authority.

(2) The German Federal Law Gazette (BGBl), pursuant to Section 10 (5) of the German Federal Law on Civil I n ° 203/1999, as amended by the BGBl version. I No 50/2012, operating managers shall be deemed to be the transport manager within the meaning of paragraph 1.

(3) In order to provide a company with more than one traffic manager, the area of responsibility for each transport manager shall be determined separately. "

Section 11 reads as follows:

" § 11. The financial performance (Section 7 (1) (1) (1)) shall be provided if the conditions laid down in Article 7 of Regulation (EC) No 1071/2009 are demonstrably present. "

33. In Section 13 (3), the name shall be: "vom Landeshauptmann" by the name " from the provincial governor or by the country's main woman " replaced.

34. In Section 13 (4), the name shall be: "Der Landeshauptmann" by the name " The provincial governor or the country's main wife " replaced.

35. In Section 13 (5), the name shall be: "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " , and the phrase "the Federal Minister of Transport, Innovation and Technology is his supervisory authority, including this one" through the phrase " the Federal Minister The Federal Minister for Transport, Innovation and Technology is his supervisory authority, including this this " and the name "Der Landeshauptmann" by the name " The provincial governor or the country's main wife " replaced.

36. In Section 13 (6), the designation "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " as well as the phrase "so he has this" through the phrase " so he or she has they do so " and the phrase "the Federal Minister of Transport, Innovation and Technology, if he" through the phrase " the Federal Minister the Federal Minister of Transport, Innovation and Technology, if he or she they " replaced.

37. The title of § 18 reads:

"intake of the company"

38. The previous text of § 18 is given the title "(1)" and the following paragraph 2 is added:

' (2) nationals and undertakings of other Member States of the European Union or of any other party to the Agreement on the European Economic Area shall have the right to take part in the operation (paragraph 1). 1) to prove a seat or a permanent business establishment domestiy. "

39. The title of § 20 reads:

"Obligations of the authorization holder, the transport manager and the driver of the vehicle"

40. § 20 sec. 1 Z 1 lit. b and c are:

" (b)

the provisions of Regulation (EC) No 1073/2009,

c)

the provisions of Regulation (EC) No 1071/2009 and "

41. According to Article 20 (1), the following new paragraph 1a is inserted:

"(1a) In the case of the permanent and actual management of the holding, the transport manager shall be obliged to comply with the provisions referred to in paragraph 1."

42. In § 21, the term of introduction shall be the name "the Governor of the State" by the name " of the country's main manor or the country's main wife " replaced.

43. § 21 Z 1 reads:

" 1.

the applicant for admission to the occupation of road passenger transport operator (Section 8 (1)) as well as the applicant for a concession; "

44. § 21 Z 4 reads:

" 4.

in the case of the withdrawal of the authorisation for admission to the occupation of the passenger transport operator (Section 8 (3)) and the revocation of the authorization (Section 18 (1) and (25)) to the previous approval or approval of the authorization to take part in the occupation of the road passenger transport operator (Section 18 ( Concessionaire. "

45. § 23 (5) reads:

"(5) The concession holders shall not apply the provisions of § § 16 (2), (2) to (4), (22), (24), (3) and (4) and (29) (1)."

46. § 25 reads:

" § 25. In addition to the withdrawal of admission to the occupation of the road passenger transport operator (Section 8 (3)), the supervisory authority may revoke the authorization to operate a force line even if the holder of the authorization is entitled to the provisions of section 20 (3). 1 repeated in spite of at least two written warning letters. In addition, the supervisory authority may revoke the concession if, due to the fault of the concessionary holder, the operation of the line of force is not taken up to the end of the period prescribed in the concession decision (section 18 (1)). "

47. § 26 reads:

" § 26. Mutual exchange and mutual legal assistance agreements exceeding Article 24 of Regulation (EC) No 1071/2009 and Article 20 of Regulation (EC) No 1073/2009 shall remain in force. "

48. § 27 Z 5 reads:

" 5.

in the case of the transfer of the concession (Section 28 (3)) "

49. § 28. (1) and (2) read:

" § 28. (1) In the event of the death of the holder of the authorization, the provisions of § § 41 to 43 Gewerbeordnung 1994, BGBl shall apply. 194, on the continued operation of the spouse, the surviving spouse and the disincendent, with the proviso that the supervisory authority (§ 3 (1) and (2)) shall be replaced by the authority of the district administrative authority, and the right of continuing operation shall be: the natural person shall end at the latest after six months if a transport manager is not previously appointed; in duly justified cases, the authority may authorise an extension of that period for a maximum period of three months.

(2) In the event of the incapacity of the holder of the authority who held the function of the transport manager, the lawyer may carry on the holding for a maximum period of six months. After that, a transport manager must be appointed, with the supervisory authority being able to extend this period by three months. "

Paragraphs 4 and 5 shall be given the names "(3)" and "(4)" .

51. In § 32, the name shall be: "the Federal Minister for Social Security, Generations and Consumer Protection" by the name " the Federal Minister the Federal Minister for Economic Affairs, the Family and Youth " replaced.

52. In § 33 (1), the name shall be: "vom Landeshauptmann" by the name " from the provincial governor or by the country's main woman " replaced.

53. In § 33 (4), the name shall be: "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " replaced.

54. In § 35 (1) the word order shall be "the Governor of the State and, if this is the supervisory authority, the Federal Minister for Transport, Innovation and Technology" through the phrase " the Landeshauptmann or the country's main wife and, if that or this supervisory authority, the Federal Minister, or the Federal Minister for Transport, Innovation and Technology " replaced.

55. In § 35 (4), the phrase "the Governor of the State and, if he is a supervisory authority, the Federal Minister for Transport, Innovation and Technology" through the phrase " the Landeshauptmann or the country's main wife and, if he or she it is the supervisory authority, the Federal Minister, the Federal Minister for Transport, Innovation and Technology " replaced.

56. In Section 35 (5), the phrase "the Governor of the State and, if this is the supervisory authority, the Federal Minister for Transport, Innovation and Technology" through the phrase " the Landeshauptmann or the country's main wife and, if that or this supervisory authority, the Federal Minister, or the Federal Minister for Transport, Innovation and Technology " replaced.

57. In Section 36 (1), the phrase "Federal Minister of Transport, Innovation and Technology" through the phrase " from the Federal Minister by the Federal Minister of Transport, Innovation and Technology " replaced.

Section 36 (3) Z 4 reads as follows:

" 4.

the fares, provided that they are not disclosed separately in the case of cross-border services. "

59. In accordance with § 38 (1), the following paragraph 1a is inserted:

"(1a) If an existing line of force or part of it is to be used as a call bus, the concession granted in accordance with section 1 (3) shall be amended accordingly (§ 6)."

Section 39 (2) Z 4 reads as follows:

" 4.

in the case of national road transport services and cross-border road transport services operated within the border zone, and in exceptional cases, vehicles of the car rental sector operated by passenger cars, on the basis of special Authorization by the concessionary authority. A border zone shall be designated an area covering a radius of 30 km from the border crossing point. "

61. § 40 (1) reads:

" § 40. (1) The nature and mode of operation of the braking systems and the steering and the condition of the tyres shall be the responsibility of the holder of the authority or of the head of the service (§ 10a) or of the head of the service every third month (§ 10a). 41) should be carefully examined with the assistance of appropriate experts. "

62. § 41 (1) reads:

" § 41. (1) In order to ensure the safety of the operation of the road transport operation and to ensure that the tasks assigned to it pursuant to Article 20 (1) Z 10 are uphold, the contractor may appoint a head of the operating service. "

63. § 41 (2) (2) (2) is:

" 2.

if more than 40 vehicles are regularly used on a regular basis, and the operator or the transport manager does not himself fulfil the conditions laid down in paragraph 3. "

64. § 42 (1) The following sentence reads:

" § 42. (1) The operator, the transport manager or the head of the operating service shall indicate to the supervisory authority: "

Section 42 (3) is the following sentence:

"(3) The operator or the transport manager shall report to the supervisory authority by the end of February for the previous calendar year:"

Section 44a (5) reads as follows:

" (5) For handlebars referred to in § 44d, a driver qualification certificate shall be issued by the authority for a period of five years, if proof of a basic qualification or further training is provided. The Federal Minister The Federal Minister for Transport, Innovation and Technology has the form, the content and the way in which it is to be determined in the issuing of the driver qualification certificate by regulation. "

67. In Section 44b (2), the name shall be: "vom Landeshauptmann" by the name " from the provincial governor or by the country's main woman " replaced.

68. In Section 44b (2) (2), the title shall be: "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " replaced.

69. In Section 44b (3), the name shall be: "The Federal Minister for Transport, Innovation and Technology" by the name " The Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

70. In Section 44c (2), the name shall be: "the Governor of the State" by the name " of the country's main manor or the country's main wife " and the name "the Federal Minister of Transport, Innovation and Technology" by the name " the Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

71. In Section 44c (3), the name shall be: "The Federal Minister for Transport, Innovation and Technology" by the name " The Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

72. In Section 45 (2), the name shall be: "Federal Minister of Transport, Innovation and Technology" by the name " from the Federal Minister by the Federal Minister of Transport, Innovation and Technology " replaced.

73. In § 46 (1), the name shall be: "the Federal Minister of Transport, Innovation and Technology" by the name " the Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

74. § 46 (1) Z 2 reads:

" 2.

the more detailed rules on the examination of professional competence and the form of proof of financial standing. Detailed rules on the aptitude test, in particular as regards

a)

the dates of the examination,

b)

the registration for the examination and the communication of the examination date,

c)

university, university of applied sciences and professional school diplomas and other examination certificates which replace an examination of subject areas of Annex I to Regulation (EC) No 1071/2009,

d)

the form and duration of the examination;

e)

the examination fees and, where appropriate, their repayment, and

f)

the appropriate compensation to be paid by the members of the Examination Commission from the examination fees; "

75. In Section 46 (2), the name shall be: "the Governor of the State" by the name " the Landeshauptmann or the country's main wife " replaced.

Section 47 (1) reads as follows:

" § 47. (1) Anyone who acts as an authorisation holder against the provisions of section 20 (1) and as a transport manager violates the provisions of section 20 (1a) is subject to an administrative surrender and is fined 726 by the district administrative authority. Euro up to 7 267 euros to punish. "

77. In § 47 (4) the second sentence is deleted

Section 47 (7) reads as follows:

"(7) The entreptite shall be liable for the fines imposed on the handlebars and traffic managers employed by him, other undue consequences in money and the costs of the proceedings for the undivided hand."

79. In accordance with § 47 (7), the following paragraphs 8 and 9 are added:

" (8) Who, as a self-employed driver, violates the obligation to record or retain in accordance with § 61, is subject to an administrative surrender and is subject to a fine of EUR 72 to EUR 1 000, in the event of a repetition of EUR 145 to EUR 1 500. punishing.

(9) Who, as a self-employed driver,

1.

the maximum weekly working time in accordance with § 58,

2.

which does not comply with the rest periods prescribed in Article 59;

3.

on days when he is doing night work exceeding the day working time allowed in accordance with Section 60 (1), or

4.

the night work carried out shall not be equated in accordance with § 60 (2),

shall be subject to an administrative surrender and shall be punished with a fine of EUR 72 to EUR 1 815, in the event of a repetition of EUR 145 to EUR 1 815. "

80. § 49 (2) and (3) are:

" (2) Where reference is made in this Federal Act to Regulation (EC) No 1071/2009, Regulation (EC) No 1071/2009 establishing common rules for the authorisation of the occupation of road transport operator and repealing the Directive Council Directive 96 /26/EC, OJ L 136, 31.4.1996 No. OJ L 300, 14.11.2009, p. 51.

(3) Where reference is made in this Federal Act to Regulation (EC) No 1073/2009, Regulation (EC) No 1073/2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 1073/2009 561/2006, OJ L 210, 31.7.2006 No. OJ L 300 of 14.11.2009, p. 88.

81. In accordance with § 49 (5), the following paragraph 6 is added:

' (6) Where reference is made in this Federal Act to Directive 2002/15/EC, Directive 2002/15/EC on the organisation of the working time of persons performing mobile road transport activities, OJ L 80, 23.3.2002, p. No. OJ L 80 of 23.03.2002, p. 35.

82. In § 50, the name shall be: "The Federal Minister for Transport, Innovation and Technology" by the name " The Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

83. In § 54, the name shall be: "the Federal Minister for Transport, Innovation and Technology" by the name " the Federal Minister the Federal Minister for Transport, Innovation and Technology " replaced.

84. § 55 together with the title shall be deleted.

(85) In accordance with Section VI, the following Section VII is added:

" Section VII

Working time of self-employed drivers

Scope

§ 56. § § § 57 to 61 shall apply to the working time of self-employed drivers in road transport (§ 1 para. 1), provided that the line distance is more than 50 km.

Definitions

§ 57. For the purposes of this federal law, the term

1.

self-employed drivers: all persons whose professional activity consists mainly in carrying, by means of a Community licence or other professional transport authorization, those persons engaged in the carriage of road transport by road, which shall:

a)

to work on their own account,

b)

are not bound by an employment contract or any other labour-law dependency relationship with an employer,

c)

have the necessary freedom to exercise the freedom to play the activity in question;

d)

the income of which depends directly on the profits made, and

e)

have the freedom to engage in business relationships with several customers as individuals or through cooperation between self-employed drivers;

2.

Workplace:

a)

the location of the principal place of business of the undertaking for which the self-employed driver is active, and its various branches, whether or not they coincide with his or her head office or principal establishment,

b)

the vehicle used by the self-employed driver in his activity; and

c)

any other place where the activities related to the transport are carried out;

3.

Working time: the time between the start of work and the end of the work in which the self-employed driver is at his place of work, available to the customer, and during which he performs his functions or activities; this does not include: general administrative activities which do not directly relate to the specific transport activity which has just been carried out, as well as the rest periods referred to in paragraph 59;

4.

Week: the period from Monday 00.00 to Sunday 24.00;

5.

Day working time: working time within an uninterrupted period of twenty-four hours;

6.

Night time: the time between 0.00 am and 04.00 hours;

7.

Night work: any work that is done during the night.

Maximum weekly working time

§ 58. The average weekly working time of a self-employed motor vehicle shall not exceed 48 hours. The maximum weekly working time may be up to 60 hours, provided that the weekly average does not exceed 48 hours over a period of six months.

Rest breaks

§ 59. (1) The daily working time of a self-employed driver is

1.

for a total duration of between six and nine hours, by a rest period of at least 30 minutes,

2.

for a total duration of more than nine hours, by a rest period of at least 45 minutes,

to interrupt. The rest period must be kept at the latest after six hours.

(2) The rest period may be divided into several parts of at least 15 minutes.

(3) In the event of a split of the rest period referred to in paragraph 2, the first part shall be observed after six hours at the latest.

Night Work

§ 60. (1) The day-to-day working time of a self-employed driver shall not exceed ten hours on days at which he is doing night work.

(2) The self-employed driver shall compensate for night work within 14 days of an extension of a daily or weekly rest period to the extent of night work performed.

Recording obligation

§ 61. Each self-employed driver shall keep records of the working time he has worked and shall keep it for a period of at least two years. These records shall be made available to the Authority in an uninterrupted and orderly manner after the date of the request. "

Fischer

Faymann